The Maryland Appellate Court has determined that a woman who sustained a severe ankle injury while exiting a MARC train is entitled to a trial. The ruling, issued earlier this month, overturned a previous decision by a lower court which claimed the woman had voluntarily accepted the risk of injury.
Sabrina Benjamin was commuting home from work in June 2019 when she fell through a significant gap between the train and the platform at the Laurel station, resulting in a shattered ankle. She subsequently filed a lawsuit against the Maryland Transit Administration (MTA) and a contractor shortly before the statute of limitations expired.
Initially, the Baltimore City Circuit Court ruled in favor of the MTA, suggesting that Benjamin had chosen to leap across the gap without seeking assistance. However, Benjamin contended that she was unaware of the availability of a stool for passengers needing help and did not have sufficient time to locate a conductor.
The appellate court's opinion, authored by Judge Kevin Arthur, noted that a jury could reasonably side with Benjamin. The judges emphasized that she believed she had no alternative but to navigate the gap without assistance, thereby indicating she did not voluntarily assume the risk of her injuries.
Attorney Sam Pulver, representing Benjamin, expressed satisfaction with the appellate court's decision, arguing that it aligns with Maryland law regarding assumption of risk. He stated that for a plaintiff to be considered as having assumed risk, they must be aware of the risk, appreciate it, and voluntarily choose to confront it. In Benjamin's case, he argued that she lacked a safe option to exit the train.
The case has now been remanded back to the Baltimore City Circuit Court for further proceedings, with the next step being the scheduling of a trial date.
Reported by HarborBeat based on Maryland Daily Record (source).
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